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Legal Activist, Inibehe, Dissects SC Judgement on State of Emergency Declaration

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One of Nigeria’s radical lawyers and Human Rights Activist, Barr. Inibehe Effiong has dissected the recent verdict of the Supreme Court of Nigeria (SCN) on the declaration of state of emergency in Rivers State.

Inibehe averred that his understanding of the verdict is that President Bola Ahmed Tinubu lacked the powers to declare the state of emergency and remove an elected governor, which the judgement captured very well.

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In a treatise in his verified handle on X, Inibehe noted that what tended to bamboozle the public is that “The Apex Court seems to have avoided making a definitive pronouncement on the constitutionality of this particular state of emergency.”

His firm position is that “My understanding, going by the printed summary of the majority decision which was read by My Lord, Mohammed Baba Idris, JSC, is that the emergency rule in Rivers was unlawful having not been endorsed by the National Assembly in line with the prescribed legal procedure.”

In driving home his point that the SCN did not side the president on the matter he pointed out that the irregularities in the House of Representatives approval was well pointed out in the judgement, which ought to have been a strong ground to void it but the matter ended up being struck out because “the Court found that voting in the House of Representatives, for the purpose of emergency proclamation, has to be by ordering a division, with votes recorded by name, constituency, and choice, and published accordingly.

“In the Rivers case, voting in the House of Representatives was done by voice votes in contravention of the Standing Orders of the House; a deviation from the finding made by the Supreme Court.” The final nail on the coffin, however, in Inibeng’s view was locus standi, which the petitioners lacked, neither did they seek nor obtained such from the aggrieved party – the Rivers State government.“

He added that “the Supreme Court found that the States that brought the suit as plaintiffs, did not disclose a reasonable cause of action”, which explains why the SCN struck out the matter.
He wrote, “I have read the 14 pages summary of the judgement of the Supreme Court on the Rivers State emergency case (Attorney General of Adamawa State & 10 Ors. V. Attorney General of the Federation & Anor.).

“Most of the media reports on the decision do not accurately reflect the reasoning of the Apex Court.

“Going by the summary, the Supreme Court did not explicitly endorse the emergency rule in Rivers State as proclaimed by President Bola Tinubu.

“However, the reasoning of the majority of the Learned Justices (6-1), appears to have accommodated the possibility of a state of emergency interfering with the democratic structures of the affected State(s) or parts of the Federation.

“The Apex Court seems to have avoided making a definitive pronouncement on the constitutionality of this particular state of emergency.

“Also, the Court found that voting in the House of Representatives, for the purpose of emergency proclamation, has to be by ordering a division, with votes recorded by name, constituency, and choice, and published accordingly.

“In the Rivers case, voting in the House of Representatives was done by voice votes in contravention of the Standing Orders of the House; a deviation from the finding made by the Supreme Court.

“My understanding, going by the printed summary of the majority decision which was read by My Lord, Mohammed Baba Idris, JSC, is that the emergency rule in Rivers was unlawful having not been endorsed by the National Assembly in line with the prescribed legal procedure.

“The last point that I want to make is that the Supreme Court found that the States that brought the suit as plaintiffs, did not disclose a reasonable cause of action, and that the Court’s original jurisdiction could not be invoked by the 11 States because the emergency rule was not declared in any of those States, and the States did not obtain the consent of Rivers State to file the suit.

“The Court found that there was no dispute between the Federation and those States.

“The Apex Court accordingly struck out the suit.

“By law, once a suit is struck out, pronouncements made therein do not have the binding and effective weight of a decision made by a court that is clothed with the requisite jurisdiction.

“The Apex Court only commented briefly on the merits of the case because of its grave constitutional significance.”

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‘Not Off the Table’ — FG Threatens Retaliation Against South Africa Over Xenophobic Attacks on Nigerians

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The Federal Government has warned that retaliatory measures against South African interests in Nigeria remain under consideration following the recent wave of xenophobic attacks targeting Nigerians and other foreign nationals in South Africa.

Minister of Foreign Affairs, Bianca Ojukwu, expressed the government’s frustration on Monday, accusing South African authorities of failing to adequately protect Nigerians from harassment, intimidation, and attacks.

Speaking to State House correspondents in Abuja, Ojukwu rejected claims that most Nigerians affected by the violence were undocumented migrants, insisting that many of them are law-abiding residents engaged in legitimate businesses.

“To say that Nigerians who are in South Africa doing legitimate business are illegal migrants is absolutely untrue,” she said.

The minister noted that Nigerians were unhappy with the treatment being meted out to them despite Nigeria’s historic support for South Africa during the struggle against apartheid.

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“Nigeria is not happy because Nigeria sacrificed much for the South African struggle for independence. Nigeria committed funds and resources to aid South Africa. My generation demonstrated and protested in support of South Africa. Nigerians are not happy about how they have been treated,” Ojukwu stated.

When asked whether Nigeria could impose restrictions on South Africans living or doing business in the country, the minister said such measures had not been ruled out.

“That is a situation we are considering. This is a decision that has to be taken at the highest level of government, but it is not off the table,” she said.

Meanwhile, the Federal Government has activated a crisis response mechanism through the Nigerian Mission in Pretoria and the Nigerian Consulate in Johannesburg to assist citizens affected by the attacks.

Ojukwu disclosed that President Bola Tinubu had directed relevant agencies to ensure the safe evacuation of Nigerians willing to return home.

According to her, the number of citizens seeking repatriation continues to rise as the situation worsens in parts of South Africa.

She explained that both Nigerian and South African authorities were carrying out screening and documentation processes to facilitate the return of affected citizens.

The minister also assured that returnees would receive support upon arrival in Nigeria through collaboration with the National Emergency Management Agency (NEMA) and other government agencies.

In a related development, the Ministry of Foreign Affairs announced the postponement of the planned evacuation of 270 Nigerians from South Africa, citing unforeseen logistical challenges.

The ministry’s spokesperson, Kimiebi Ebienfa, said the flight, originally scheduled to depart Johannesburg on Monday, had been rescheduled for Wednesday to allow authorities complete necessary arrangements.

Ebienfa disclosed that more than 1,000 Nigerians had already been screened and cleared for possible evacuation.

He also clarified that, unlike previous evacuation exercises, the Federal Government would fully fund the operation and would not depend on donations from private individuals.

“The Nigerian government will not wait for philanthropists to donate their planes before doing what it is supposed to do and evacuate its citizens facing trouble anywhere in the world,” he said.

The latest developments came after South African President Cyril Ramaphosa addressed the nation on the growing anti-migrant tensions, condemning attacks on foreign nationals while promising stricter enforcement of immigration laws.

Ramaphosa urged citizens to reject violence and resolve concerns through lawful means.

“We must end illegal migration and secure our communities. However, we must overcome these challenges through peace and love, not through fear, anger or violence,” he said.

The Federal Government has reiterated its commitment to protecting Nigerians abroad and ensuring the safe return of those affected by the ongoing crisis.

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Agip Retirees Lament over 17 Years Outstanding Pension after Oando Takeover 

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Leaf Investment Emerges Substantial Investor in Oando

Former staff members of the Nigerian Agip Oil Company (Oando Energy Resources Nigeria Limited), have staged a peaceful protest demanding payment of their pension salary, which has not been paid in the last 17 years.

The senior citizens, who protested under the platform, Agip Oil Company Pensioners Association of Nigeria (AOCPAN), accused the management of the company of unilaterally stopping the payment without any reason. The retirees, who brandished placards with different inscriptions, lamented that their members were dying in numbers because of hardship and inability to meet their daily needs.

They condemned the inhumanity of Oando’s management towards the vulnerable retirees, stressing that the company has blocked its gate concerning any issues about the retirees.

Some of their demands are: “Oando management is strategically out to exterminate the retirees through zero welfare support for the retirees.

“Oando bought the assets and liabilities of Agip; but, has trickishly taken the assets and abandoned the major liabilities – the retirees of Agip that bought.”

Chairman of the group, Engr. Elder Paul Sito, who addresses newsmen at the front of the company in Port Harcourt, Rivers State, yesterday, alleged spouses of late retirees were denied access to medical services which are supposed to be for lifetime.

According to Elder Paul, the management of the company does not have a welfare plan for the retirees, adding that senior citizens have been abandoned without any economic and welfare support.

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Speaking further, the chairman claimed that the management has refused to follow the steps of other companies concerning retirees’ welfare.

He said: “The reasons for the protest are many; we were retirees of Agip Oil Company and as a retiree, there is a pension act concerning retirees. There are welfare and pension monthly payments for these retirees. We received this pension welfare or pension salary for years until it stopped in 2009.

“Management unilaterally stopped it. We don’t even know why, they gave us reasons that are not obtainable in the world, the reason is that because a new management came, they were looking for documents to show that the payment they have been doing should continue (a payment that they were making should continue, they are looking for a document to approve that payment) and because they didn’t see it they stopped unilaterally?”

Paul explained further: “And the association picked it up, when the association was so new and its major focus was on increase in minimum wage, which they continued with the management.

And at that time, we never had what we now call (HIPAN) Hydrocarbon Industry Pensioners Association of Nigeria – the gathering of all the five companies’ retirement representatives.

“They meet and check their books to see who is doing less and who is doing more, so that those who are doing less will go back to their management and inform them appropriately like it has always been done when we were in service and that continued until 2009 when they stopped it.

“Up till today, we have never gotten a dime. In 2023, we came out like this and they gave us 1% or less; in 2024, we also came out, they gave us another half of 1%; and now, they have cut short the welfare for our deceased spouses which was supposed to be for life, they have cut it short to two years.”

The chairman emphasized: “We are asking them to reinstate it. It is for life, every other IOC (International Oil Company) is serving for life. “We are saying whatever the retirees of each of these companies get during negotiations should be applied to the retirees in Oando.”

He lamented: “All this while, we have been suffering, we have written letters to them telling them that we want to meet so that we can give them our charter of demand; we did that last year July. they replied that okay, they have heard from us officially, that they’ll go and look for it, they went and kept looking at it for months. When our letters will not be replied anymore.

“We planned to come out and they heard of it and they immediately called us for a meeting. We went and they still promised us and up till now, they brought nothing. The other oil companies are increasing pensioners salaries every year, but here, it’s a different story.”

One of the retirees, who simply gave her name as Mrs. Regina, lamented that the stipend they receive from the company is of no value to the current economic condition in the country.

High Chief Oluwa Oluwaneye said: “You can see me, I was not like this, I was a good player and a good wrestler and now what God gave to me to satisfy my family, I can’t provide it again because of the condition.

“I entered this Agip in 1955. He (owner of Oando) said he is fit to buy the company; he should know that the people who worked in the company and gave him the power to come and buy, he should empower them.”

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Loss of 5 Rigs Threaten Govt’s Revenue

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A sharp decline in oil drilling activities which has led to the loss of five active rigs within a month might be threatening Nigeria’s revenue outlook.

According to a report by the African Energy Council (AEC), the slump in Nigeria’s rig count has raised concerns over future crude production, government earnings and fiscal stability.

The report revealed that Nigeria’s active rig count dropped from 17 in March to 12 in April 2026, representing a decline of nearly 30 per cent in just one month and signalling weakening upstream investment and exploration activities.

Rig count, a key indicator of oil and gas exploration and production activities, measures the number of drilling rigs actively operating within a country or region.

Industry experts often regard it as a leading indicator of future production levels. The development comes at a time when Nigeria is struggling to meet its crude oil production targets and relies heavily on petroleum earnings to finance government expenditure.

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According to the report, the decline in rig activity poses a direct threat to the Federal Government’s 2026 budget benchmark of 1.84 million barrels per day (bpd), especially as actual production stood at about 1.48 million bpd in April 2026.

The AEC noted that while the Nigerian Upstream Petroleum Regulatory Commission (NUPRC) reported 31 active rigs during the period, the Organisation of Petroleum Exporting Countries (OPEC) placed the figure at 12.

It explained that the discrepancy likely reflects differences in counting methodologies, including whether rigs on standby are classified as active.

Despite the differing figures, the Council stressed that both data sets point to a downward trend in drilling activity.

The think tank warned that with only 12 active rigs operating in April, Nigeria’s future production capacity is under severe threat unless urgent measures are taken to reverse the decline.

It further observed that the country’s rig count had already fallen from 15 in 2024 to 13 in 2025, indicating that several potential barrels that should have contributed to current production were never drilled.

“AEC views Nigeria’s upstream retreat with serious concern. A 41.7 per cent single-month rig count collapse, compounding revenue losses exceeding $3.1 billion, and a widening gap between NNPC’s 2030 ambitions and ground-level drilling activity signal a sector in structural distress rather than a cyclical downturn,” the report stated.

While Africa drills forward, Nigeria drills back. Without urgent policy action, Nigeria risks permanently ceding both its relevance within OPEC and its opportunity to monetise reserves before the global energy transition narrows that window.

The warning comes against the backdrop of mounting fiscal pressures. Oil revenues account for roughly 60 per cent of government earnings, meaning lower production could translate into wider budget deficits and increased borrowing.

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